What is the ruling when a sick person is gifted a son by a third party, and the sick person accepts, leaving an estate sufficient to cover the son's value and another heir?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a son is gifted to a sick man who accepts, and the son's value is one hundred, while the estate is two hundred and another son remains, the gifted son is freed, receiving one hundred, and the other son receives one hundred. This is the view of Malik, Abu Hanifa, and Al-Shafi'i.
Supporting text
A view within Al-Shafi'i's school states that the gifted son is freed but does not inherit, and the entire two hundred goes to the other free son. Abu Yusuf and Muhammad hold that the gifted son inherits half his own value and half of the remaining two hundred, with compensation sought for half the remaining value of his freedom from his inheritance.